Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-02-13
MARRIAGE BY CONSENT.
Tho Interests at Stake Opposed to Al
Broomstick MatrImony.

IQterests at StSkc opposed 10 All
BroOmstick MatrImony.
Whether a consent marriage is or is not
legal at common law hss never been de-
termined. When the question was raised
in England, nearly hall century ago, the
Judges of the Court of Queens Bench
were equally divided on the subject, and
al appeal being taken to the House of
Lords the six law peers, including Lords
Brougham, Denman, Campbell and Lynd
hurst, were equally divided. Stimuli
taneously the question was raised in this
country, says the San Francisco Call,
and by a strange coincidence the
judges of the United States Supreme
court were equally divided and
Chief Justice fancy announced that
the court was in consequence unable to
pronounce judgment. Since then the
states have undertaken to decide the
question, and some have decided 1t one
way and some another. In California
the trainers OF the code decided that
consent marriage was lawful. 1t has
been urged that there was a reason for
this when the state was sparsely settled,
and it was sometimes difficult for parties
intending marriage TO secure the services
of g magistrate or g minister. No such
reason exists now. There is no part of
the state from which it is impossible to
reach either one or the other official. In
every county magistrates or clergymen
can be found 10 solemnize q marriage if
the parties really want to have it solem-
nZed.
At abstract law, marriage being q civil
contract, any two persons Of opposite
sexes and capable of contracting, can
make such contract without the inter
vention of third party. But in practice
the consequences of marriage as 70 con-
jugal rights and the rights of heirs are
SO m0mentouS that the interests OF So
cIcty absolutely require such interven-
ton, for where it does not take place
the woman is placed ct the mercy of a
man who may deny the consent marriage
and repudiste her, and, on the other
ha; d, men may be blackmailed by female
adventuresses, who declare that there
was consent marriage where there was
none. no man who really desires TO
make q woman his wife Will object to the
solemniZauon of the marriage; if he
does object, he tacitly admits that he in
tends to cheat her. And with much more
force may it be said that no woman will
demur when it is proposed to clothe her
matrimonial association with the forms
of law The matter commands little
public attention, because consent marria-4
ges are so rare; families are generally
careful enough of their children's hOnoE
to see that their marriages are duly sol-4
emnized; but if there were but half a
dozen in a year it would be worth the
while OF the Legislature to altar the law
so as to prevent even that small number
of wrongs.
The time will doubtless come when
some startling case viii rouse the people
of the United States to the expediency of
stripping the state legislatures OF their
control over marriage, divorce and inher
itauce, and amending the constitution so
as to confer the control of these matters
upon Congress. \ uniform law extend
i 9 its authority over the whole country
is needed. As matters stand man may
be married man in New York and g
bachelor, for ali purpose of marriage. 10
California; may have but one wife in In
diana, but two IN Massachusetts. A
woman may be lawful wife in one state |
and no wife at all in the state adjoining. |
Her children may inherit in California,
but, being classed as illegitimate in Con-
necticut, may have no claim to property .
owned by their father in that state. The
wisdom of discreet, well-guarded laSEst
of divorce is now conceded by aHdegis /
lators, but there can be ne justification or
apology for thirty eight different divorce |
laws, each differing from the other as to I
the causes of divorce and as to its legsfi
No transaction in the life
of man or woman is more important .
or fraught with more momentouS conse- /
quences than marriage, and its dissolu
ton, either by divorce or death. 1t is
but right that its regulation should not
be left to the whim and Conceit of state
often i'll equipped with minds /
to grapple with such problems. /
They should be committed for solution to /
the ablest men in the country, and their
decision should be binding throughout |
the land.